In order to serve as a trademark, a mark must be distinctive -- that is, it must be capable of identifying the source of a particular good. In determining whether a mark is distinctive, the courts group marks into four categories, based on the relationship between the mark and the underlying product: (1) arbitrary or fanciful, (2) suggestive, (3) descriptive, or (4) generic. Because the marks in each of these categories vary with respect to their distinctiveness, the requirements for, and degree of, legal protection afforded a particular trademark will depend upon which category it falls within.

An arbitrary or fanciful mark is a mark that bears no logical relationship to the underlying product. For example, the words "
Exxon
," "
Kodak
," and "
Apple
" bear no inherent relationship to their underlying products (respectively, gasoline, cameras, or computers). Similarly, the Nike "swoosh" bears no inherent relationship to athletic shoes. Arbitrary or fanciful marks are inherently distinctive -- i.e. capable of identifying an underlying product -- and are given a high degree of protection.

A suggestive mark is a mark that evokes or suggests a characteristic of the underlying good. For example, the word "
Coppertone
" is suggestive of sun-tan lotion, but does not specifically describe the underlying product. Some exercise of imagination is needed to associate the word with the underlying product. At the same time, however, the word is not totally unrelated to the underlying product. Like arbitrary or fanciful marks, suggestive marks are inherently distinctive and are given a high degree of protection.

From the polish of Santa Cruz to Yaxcopoil’s majestic decay, hacienda hotels suit a wide range of tastes. What they all offer is the chance to explore parts of the Yucatán that most tourists, flying in to Cancún for beach vacations or touring Chichén Itzá, never get around to seeing.

PAMPERING INSTEAD OF PLANTING

Flights from New York to Mérida involve at least one connection, commonly in Houston or Mexico City. A recent search for one-stop flights from mid-June to mid-July found fares starting at $546 on Continental.

Once in Mérida, the easiest way to get to the haciendas is by car, though it is possible to use buses and taxis. The Mérida airport has local and international car rental companies. Prices can be as low as $9 a day, but insurance, which some companies require, will increase the cost substantially.

Hacienda Yaxcopoil
(52-1-999-900-1193;
www.yaxcopoil.com
) rents a room for $60 a night, double occupancy. Museum admission, normally 50 pesos (about $3.70 at 13.5 pesos to the dollar), is included. There are no restaurants nearby, so it’s wise to add dinner and breakfast ($20 a person) when you reserve.

Hacienda Yaxcopoil

Hacienda San Antonio Chalanté
(52-1-999-132-7411;
www.haciendachalante.com
) has nine rooms for $50 to $80, including breakfast. Dinner can be prepared for guests who request it for an additional $20 a person.